Questioning the power of judiciary in the affairs of Muslim community, the religious body Darul-Uloom of Khargone district has issued a ‘fatwa’ recently annulling the divorce decree by a court in Sendhwa town of Madhya Pradesh in the Arjumand Bano case on the ground that the judge was a non-Muslim.
The fatwa was issued by the Darul-Uloom, Khargone’s Mufti Mohammad Rafiq Qasmi following an appeal against the divorce decree by Anwar Khan, who, according to Islamic Shariat, was still the husband of Arjumand.
It states, “the order of magistrate (judge), non-Muslim, is not acceptable in Islamic shariat and therefore, the woman can not enter into wedlock second time and if she has already gone for the second marriage, then it amounts to ‘haramkari’ (illegal).”
Arjumand married Khan of Khargone in the year 1996 and after spending sometime with her husband, she went back to her parent’s place in Sendhwa town. Later, she filed a divorce suit in the local court following which the court has given decision in her favour. After the divorce, Arjumand’s parents married her to a schoolteacher of Barwani district. However, Anwar Khan, who has opposed granting of divorce in the court, later filed an appeal with the mufti of Darul-Uloom, Khargone, who annulled the court order on the ground that the magistrate was a non-Muslim and therefore, the order was not acceptable under the Islamic shariat.
Re: Indian Muslims question power of Indian judiciary
this is good but dificult question I think. for both countries but in reverse way. For Pakistan it will test what happen if judge is legal Hindu but following Pakistan law? is it ok or not. For India it will test what hapen when Muslim law vs happens secular law, because there it is secular with one or two exception I think for kashmir etc.
Re: Indian Muslims question power of Indian judiciary
Lotabrain,
How was I dissing Pakistan? I just ask a question about a situation that happened in India that commented on Indian muslim community, not Pakistan. But as it happens Pakistan's chief supreme court judge (temporarily) happens to be a Hindu, what would happen in Pakistan if it faced the same problem? You have adroitly avoided answering the question that a law abiding society should or should not allow a religious authority to meddle in court decisions.
Akbar,
In Pakistan as in India Supreme courts hear ludicrous cases this IMO being one of them. In north America, Supreme courts only hear a very few select cases that affect the society fundamentally. I am not a legal expert, so maybe this one is one such case.
Re: Indian Muslims question power of Indian judiciary
As usual galiyan dena yeh chupaaneke liye ke jawaab deneki taakd kahan hain? I bet you didn’t even know who Bhagwandass was. For a Pakistani you betray a total ignorance of your own country.
Re: Indian Muslims question power of Indian judiciary
^ I only replied in kind, I guess you overlook your own words. I don't know thousands of my own country's officials, I don't consider it betrayal or ignorance, your desire to learn about our country is understandable... then some Indians go on to moan and wish if Pakistan could be "re-united" with India.... go on.